This Agreement details the terms and conditions that shall govern your use of the online insurance policy renewal service and the World Wide Web site (the ‘Website’) of Trinidad and Tobago Insurance Limited (‘TATIL’).
In this Agreement, the words ‘you’ and ‘your’ refer to the policy holder(s), insured(s) and their authorised signatories.
TATIL is pleased to offer you an online service which will enable you to renew your motor vehicular and property related insurance policies online and pay the premiums using a credit card.
1. Accounts Access
1.1 In order to access and utilise this online service, you must confirm that either:
- you are the proper holder of the credit card being used to make the payment; or
- you are duly authorised by the proper holder of the credit card to use the credit card for the purpose of making the payment of the premium and provide the required details of that proper cardholder.
1.2 Notwithstanding the above, you agree that any and all transactions initiated through this online service that result in payments to your insurance policy account(s) will be deemed to be fully authorised by you without further verification by TATIL. By using this online service to make payment(s) of any premium(s), you thereby fully authorise TATIL to honour, execute and apply the payment(s) made to your insurance policy account(s).
2. Premium Payments
2.1 You shall only use this online service to make payment in respect of insurance policy renewal premiums for motor vehicular insurance policies and property insurance policies and TATIL shall only accept and process payments by you made for these specific purposes.
2.2 You shall make all premium payments at least three (3) business days before the actual due date of the premium and expiration of the insurance policy.
2.3 You shall make payment of the full amount of the insurance policy premium. In the event you make a payment of only a part of the amount of the insurance policy premium, that insurance policy shall not be renewed and shall expire and in no circumstances whatsoever shall TATIL be on risk in respect of that insurance policy.
2.4 TATIL shall not be liable for any loss or damages that may be incurred as a consequence of a late premium payment or from an erroneous payment.
2.5 In the eventthat the due date of the premium and the expiration date of the policy is in less thanthree (3)business days, you shall attend a TATIL branch office to pay the renewal premium in person.
3.1 At this time, the online premium payment service is provided by TATIL at no additional cost to you and there are no applicable charges.
3.2 Notwithstanding, TATIL reserves the right to review its pricing policy from time to time and amend charges applicable to this online service as deemed necessary. You will be advised of any such changes regarding charges as they become applicable.
4.1 You shall at all times when you utilise this online service to conduct any transactions ensure that you-
- provide TATIL with true and correct and up-to-date particulars for proper customer identification and documentation for verification of that customer information;
- fully comply with all other customer due diligence measures, including but not limited to verification by TATIL of thepurpose and intended nature of the proposed business relationship or transaction; the source of funds; as well as any other information deemed appropriate by TATIL to ensure full compliance with applicable laws.
4.2 You hereby confirm that all information and documentation you provided in response to TATIL’s customer due diligence measures in the course of your utilisation of the online service was accurate and up-to-date and, without prejudice to the generality of the foregoing, that the source of funds for the settlement of the balance due on your credit card or the credit card which you have been duly authorised to utilise for the payment is derived from the source of funds option you selected in the online payment portal.
4.3 Where TATIL, in its sole discretion, determines that you have failed to comply with TATIL’s stipulated customer due diligence measures, TATIL shall be entitled to require and you shall immediately provide such additional information and documentation as specified by TATIL.
5. Verification Process and Insurance Certificates
5.1 Provided that TATIL has checked and verified –
- The customer due diligence information in general and the source of funds information in particular you provided under Clause 4 above against your existing and current customer due diligence information previously provided by you to TATIL and kept in its records; and
- receipt of the premium payment;
TATIL shall send a transaction completion notification to you to the e-mail address provided at the time of the transaction. Until such time as the aforementioned transaction completion e-mail notification is issued to you, the renewal process for the relevant insurance policy is not complete and the risk insured by that policy shall not be covered by TATIL.
Notwithstanding the above, once (i) you have complied with Clauses 2.2 and 2.3; (ii) the aforementioned verification process is completed and (iii) the e-mail transaction completion notification is issued to you, the relevant Certificate of Insurance shall be issued valid as at the date payment was received.
5.2 If TATIL upon reviewing the customer due diligence information and the premium payment made identifies any discrepancies, inaccuracies, incomplete or missing information and/or any other issues, TATIL shall issue a query notification to you to the e-mail address provided at the time of the transaction. This query notice shall (a) identify the issues; (b) highlight any consequences of the issue(s) identified; (c) state the remedial action required of you and (d) provide a timeframe for doing so (as applicable). Depending on the gravity discrepancies, inaccuracies, incomplete or missing information and/or any other issues identified, TATIL reserves the right to not issue a transaction completion notification and insurance certificate until the issues have been resolved.
5.3 Upon the completion of the verification process and the issuance of the e-mail transaction completion notification in accordance with Clause 5.1 above, TATIL shall issue the insurance certificate and:
- In respect of property insurance policies, TATIL will in accordance with the option you selected during the conduct of this transaction, either (a) post by regular mail the original certificate of insurance to you at the address provided; (b) e-mail you a scanned copy of the insurance certificate to the e-mail address provided; or (c) provide you with the original insurance certificate when you attend the TATIL branch of your selection.
- In respect of motor vehicular insurance policies, you shall attend a TATIL branch of your selection and collect the original insurance certificate.
6. Other Agreements
6.2 This Agreement is in addition to all other existing agreements and the terms and conditions contained therein with respect to your insurance policy(ies) held with TATIL.
6.3 If there is a conflict between the existing agreements and this Agreement, the existing agreements shall prevail save and except for the provisions of this Agreement regarding the payment of the renewal premium(s), which shall at all times take precedence over the terms and conditions of such the existing agreements.
7. Changes in Services / Terms
7.1 TATIL may change this online service and the terms and conditions set forth in this Agreement at any time. You will be notified by TATIL of any such change.
TATIL shall have the right in its sole discretion to limit, suspend or terminate your use of TATIL’s online service and cancel this Agreement, for any reason, at any time; provided however that TATIL will not cancel this Agreement and the online service until all your pending transactions have been processed, save and except for fraudulent transactions.
9.1 You have a right to confidentiality; provided always that TATIL may disclose any information about you and your insurance policy accounts:
- in response to credit inquiries;
- pursuant to any legal process, subpoena and/or an order of a court of competent jurisdiction,
- was known or in the possession of TATIL before you provided it to TATIL;
- where such information is, or becomes, publicly available through no fault of TATIL; and/or
- if disclosure is necessary, desirable or to protect TATIL’s interests.
9.2 It is solely your decision to communicate personal information to TATIL through this Website. TATIL is not and shall not be held responsible and liable for any unauthorised access to or interception of information submitted through this Website.
9.3 All information submitted to TATIL through this Website shall be deemed and remain the property of TATIL.
10. Limit of Liability
10.1 TATIL will make commercially reasonable efforts to ensure full performance of the online insurance policy renewal service. TATIL will be responsible for acting only on those instructions sent through this online service which are actually received. TATIL does not assume responsibility or liability for malfunctions for whatever reason in communications facilities not under its control that may affect the accuracy or timeliness of receipt of information and payment(s) you send;
10.2 TATIL and/or its subsidiaries, affiliates and associates shall not be responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of the use of this Website;
10.3 Without prejudice to the generality of the foregoing, TATIL is not responsible or liable to you for any loss or damage whatsoever in the following instances:
- where you provide incomplete and/or incorrect instructions for the payment of the premium to renew the policy or otherwise;
- if your payment instructions are not given sufficiently in advance (that is, a minimum of three (3) business days before the actual due date of the premium and expiration of the insurance policy) to allow for timely payment and processing of the renewal premium;
- where any transaction is not processed due to public holidays or other days when TATIL’s offices are closed;
- where any transaction is not processed due to system disruptions or unavailability of the online insurance policy renewal service including but not limited to any disruptions caused by any computer system issues, a computer virus, an electricity supply outage or related problems;
- where any delay or failure to process a transaction is caused by any other event outside of TATIL’s reasonable control;
- where there is access and/or use of information arising from a transaction made on your account(s) by an unauthorised third party;
- you allege that you did not carry out the transaction; your account was compromised and/or there was fraudulent utilisation by an unauthorised third party of your credit card; and/or
- where TATIL reasonably believes that the transaction may be contrary to legislation or rule of law and suspends or cancels the service to you.
11. Unlawful and Injurious Conduct
11.1 In the event that TATIL reasonably believes that your conduct violates applicable law or injures the reputation of TATIL, including but limited to where your unauthorised, wrongful and /or fraudulent utilisation of a credit card to make a payment, TATIL reserves the right, within its sole discretion:
- To suspend or cancel the provision of this online insurance policy renewal service to you with no liability whatsoever to you; and
- To suspend or cancel the policy of insurance as at the date of payment whereupon TATIL shall not be on risk in respect of the policy as from the date of such suspension or cancellation.
11.2 Should a claim be made by you on that insurance policy and paid by TATIL during the period between the date of the payment and the date of such suspension or cancellation, you shall reimburse TATIL the full amount paid.
12.1 You hereby warrant to TATIL that you have the right and full power to enter into this Agreement and to perform your obligations under this Agreement.
12.2 You hereby warrant to TATIL that you have at all times when utilising this online service to conduct any transactions provided TATIL with true and correct and up-to-date particulars for and fully complied with all other customer due diligence measures stipulated by TATIL to ensure full compliance with applicable laws.
12.3 In the event that you are not the holder of the credit card used for the purpose of making the payment of the premium but instead you are authorised by the proper holder of the credit card to use the credit card for that purpose you hereby warrant to TATIL that:
- You are duly authorised by the true and proper holder of the credit card to use the credit card for the purpose of making the payment of the premium and provide the required details of that proper cardholder; and
- The required details of that proper cardholder are true and correct and up-to-date.
12.4 TATIL and/or its subsidiaries, affiliates and associates shall not be responsible in any manner for direct, indirect, special or consequential for any damages, howsoever caused, including any damage and loss third parties may suffer where your conduct violates applicable law or injures the reputation of TATIL, including but limited to where your unauthorised, wrongful and /or fraudulent utilisation of a credit card to make a payment.
You agree to fully indemnify and hold harmless TATIL, its subsidiaries, affiliates and associates and their officers, directors, employees, agents, as well as all third-party suppliers and their respective officers, directors, employees and agents, from and against any and all liabilities, damages, awards, settlements, losses, claims and expenses, including reasonable attorney’s fees and expenses and costs of investigation (collectively ‘Damages’) resulting from third-party claims.
14.1 You agree that TATIL is authorised to process any instructions we receive in connection with your account and that these procedures are commercially reasonable.
14.2 TATIL does not store on the Website any credit card information, including but not limited to any security codes.
14.3 All reasonable steps have been taken to ensure the security of your personal information transmitted over the Internet. However, there remains the possibility of data security violations occurring. In the event of such data security breaches, TATIL and/or its subsidiaries, affiliates and associates will not be responsible for any damages you may suffer as a result. TATIL and/or its subsidiaries, affiliates and associates shall not be responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of the use of this Website.
14.4 You acknowledge and agree that complete confidentiality and security is not possible over the Internet. TATIL advises you that the Internet is not a secure medium and privacy cannot be ensured. TATIL and/or its subsidiaries, affiliates and associates shall not be responsible in any manner for direct, indirect, special or consequential for any damages, howsoever caused, you may suffer if you transmit confidential or sensitive information to us.
15.1 In the event any one or more of the provisions of this Agreement is for any reason held to be invalid, illegal or unenforceable, the remaining provisions will remain valid and enforceable it being the intent and agreement of the Parties that this Agreement will be deemed to have been amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent.
15.2 No failure or delay by TATIL in exercising and/or no single or partial exercise of any right, power or privilege under this Agreement; or the failure of TATIL to insist upon strict performance of any of, or to enforce at any time or for any period, any one or more of the terms or conditions of this Agreement shall impair same or operate as a waiver of the right at any time subsequently to enforce all terms and conditions of this Agreement.
15.3 You agree to settle any dispute or difference arising out of this Agreement between yourself and TATIL through negotiation and/or mediation.
15.4 You shall not rely on this online service as the only means of payment.
15.5 This Agreement shall be governed and construed in all respects in accordance with the laws of Trinidad and Tobago.